HomeMy WebLinkAbout6881ORDINANCE NO. 6881
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ADDING A NEW SECTION TO
CHAPTER 3.23 OF THE AUBURN CITY CODE (ACC)
IMPOSING A TRANSPORTATION BENEFIT DISTRICT
(TBD) SALES AND USE TAX AUTHORIZED BY RCW 84.55
AND RCW 36.73
WHEREAS, RCW 36.73 permits cities to establish transportation benefit districts
(TBDs) for the purpose of providing and funding transportation improvements within their
borders;
WHEREAS, in 2011 the City enacted ACC 3.23 with Ordinance No. 6377, forming
a TBD within the City of Auburn;
WHEREAS, in 2019 the Auburn City Council adopted Ordinance No. 6739, giving
the City Council all rights, powers, functions and obligations of the Auburn TBD Board,
pursuant to RCW 36.73.020(3);
WHEREAS, ACC 3.23.030 gives the City the authority to exercise any powers
provided by law to fulfill the TBD's purpose;
WHEREAS, funding generated by the City's TBD shall be used for transportation
improvements that preserve, maintain, and operate the planned and/or existing
transportation infrastructure of the City/TBD, consistent with the requirements of RCW
36.76;
WHEREAS, RCW 36.73.065(4)(a) and RCW 84.55.0455 allow the City's TBD to
enact a sales and use tax in an amount not exceeding one -tenth of one percent (.001) for
a period of ten (10) years upon a majority vote of the governing board of the TBD for the
purpose of funding TBD projects;
Ordinance No. 6881
September 30, 2022
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WHEREAS, a sales and use tax will be used for the purpose of acquiring, investing
in, constructing, improving providing, operating, preserving, maintaining and/or funding
transportation improvements within the City of Auburn TBD, which are identified and
updated annually in the City of Auburn's Transportation Improvement Plan and the City's
6-year Capital Improvement Plan;
WHEREAS, as the City's TBD governing board, the City Council has considered
and approved the enactment of this tax by passing this ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. New section to Citv Code. A new section 3.23.035 is added to ACC
Chapter 3.23, to read as follows:
ACC 3.23.035 Sales and Use Tax for Transportation Benefit District
For the purpose of fulfilling the authorized purposes of the City's
transportation benefit district, there is imposed within the City a one -tenth
of 1 % sales and use tax (.001). This tax is in addition to any other taxes
authorized by law. The tax shall be collected from persons taxable by the
State under RCW 82.08 and RCW 82.12, upon any taxable event occurring
within the district's boundaries. Money received from this tax must be spent
in accordance with RCW 36.73 and/or ACC 3.23.040.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Section 3. Severability. The provisions of this ordinance are declared to be
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision,
section, or portion of this ordinance, or the invalidity of the application of it to any person
Ordinance No. 6881
September 30, 2022
Page 2 of 3
or circumstance, will not affect the validity of the remainder of this ordinance, or the validity
of its application to other persons or circumstances.
Section 4. Effective date. This Ordinance will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
ATTEST:
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Shawn Campbell, MM , City Clerk
OCT 0 3 2022
INTRODUCED:
PASSED: OCT 0 3 2022
APPROVED: OCT 0 3 2022
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APPROVED AS TO FORM:
V C,cW\a(btA
Kendra Comeau, City Attorney
Published: , Z o 2 Z s-Q,GIf-}-1.6 TI rYu s
Ordinance No. 6881
September 30, 2022
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